HomeMy WebLinkAbout2014-05-20 Empire Drive Street Acceptance URBELIS&FIELDSTEEL,UP
155 FEDERAL STREET
BOSTON,MASSACHUSETTS 021 1 0-1 727
O aflattMcGRaysv Telephone978-475-4552
CAROL
H HAIL C C Telephone 617-338-2200
Telecopierbl7-33$-0122
e-mail chm@uf-law.com
p � C Q d C
. Joyce Bradshaw,Town Clerk August 20,2014 C�
North Andover Town Offices Al fG Z 1 2914
120 Main Street
North Andover,MA 01845
BOARD OF APPEALS
RE: ftRHTACCEPTANCE DEED AND EASEMENTS
EMPIR8 DRIVE
Dear Joyce;
Enclosed for your records is a certified copy of the Deed to the Town of the fee in Empire
Drive and related Easements,in accordance with the acceptance of Empire Drive as a public way
by the 2014 Annual Town Meeting.
Please let me know if you have any questions.
Very truly yours,
Cafol Hajjar McGravcy
CHM/kmp
Enclosures
cc: Zoning Board of Appeals(w/enc)
Curt Bellavance(wlenc)
Gene Willis(w/enc)
Bruce TMbodeau(w/enc)
rlwp515ucskln-sadqx4osresyt6radshew.hr•2014 WM eccepl cmpirc drie.dar
i
6sapx tlac�h Laad Gatirh Re�i�Gry
[SpaceAbovethisLine& rredCoeRe i�stryofDCC&
QUITCLAIM bEED
(Empire Drive--Street Acceptance and Easements)
The ttndersigned,Orchard Village T,Lt~,a Massachusetts limited liability company,with
an address of 277 Washington Street,Groveland,MA 01834("Grantor"),in
consideration paid of less than One Hundred and N011100($100.00)Dollars,the receipt
and sufficiency of which is hereby acknowledged,and for good and valuable
consideration,
c grants to The Inhabitants of the Town of North Andover,a Massachusetts municipal
z corporation,with an address of 120 Main Street,North Andover,Massachusetts 01845
('Grantee"),
A
& with QUITCLAIMCOVENANTS
R
Elthe fee interest in that certain roadway commonly known as"Empire Drive"(the
4 "Street"),situated in the Town of North Andover and shown and depicted on a plan
`�" entitled"Street Layout Plan of Empire Drive Located in No.Andover,Mass. Scale 1"
�-4 40';Date January 1,2014,Christiansen&Sergi Professional Engineers Land Surveyors,
160 Summer St.Haverhill,MA 01830"be filed with Essex County(Northern District)
Registry of the Land Court(said"Registry")herewith (the
b "Street Layout flan"). Said Street is also shown and depicted as Lot#34 on a plan
entitled"Definitive Subdivision Plan"ORCHARD VILLAGE"in North Andover,Mass.,
record owners: Agnes M.Kmeic 1996 Realty Trust 1001 Turnpike Street,North
a Andover,MA 01845,Krneic Family 1996 Realty Trust 1001 Turnpike Street,North
a Andover,MA 01845,Applicant: Orchard Village,LLC,44 Great Pond Road,Boxford,
MA 01921,Date:April 2,2009, Christiansen&Sergi,Professional Land Surveyors, 160
Essex ss.Land Court a a f 4
A true copy of Land Court ftGnt
Cettkicate U.1 k-0 Book — Paya
Registared$�.�Lirat_- raH.��M�_t�.M
Attest:
a A00121br of Deeds
Summer Street,Haverhill,MA 0 183 0"recorded with said Registry as flan No. 18083-E
(the"Subdivision Plans").
Said Street is also more particularly bounded and described in a metes and bounds
description attached hereto as Exhibit A.
In addition,Grantor hereby conveys all of its right,title and interest in all casements
affecting the Street hereby conveyed and shown on the Street Layout flan and the
Subdivision Plans,including,without limitation,the following easements:
1, Drainage and Utility Easement over a portion of Lots 35,36,3,4,5,6 and 7 as
shown on the Subdivision Plan affecting 41,446±square feet("Drainage Easement
2. Drainage Easement over a portion of Lots 21,22,23,24,25,26,27,28 and 29 as
shown on the Subdivision Plan affecting 8,969±square feet("Drainage Easement
#2");
3. Drainage Easement over a portion of Lot 17,as shown on the Subdivision Plans,
affecting 741±square feet("Drainage Easement#31');
4. Drainage Easement over a portion of Lots 19 and 20,both as shown on the
Subdivision Plans, affecting 397±square feet("Drainage Easement#4");
5. Drainage Easement over a portion of Lots 29 and 30,both as shown on the
Subdivision Plans, affecting 405±square feet("Drainage Easement 45");and
6. Drainage Easement over a portion of Lots 31 and 32,both as shown on the
Subdivision Plans, affecting 453f square feet("Drainage Easement#6").
Drainage Easement#1 and Drainage Easement 42 shall be solely for the purpose of
operating,using,maintaining,repairing and/or replacing the underground sewer lines,
drainage lines and water lines,if any,and any and all appurtenances thereto. The Grantee
shall not have any responsibility or liability for the maintenance of the detention pond
located in Easement#1 or the maintenance of Easement#2 or any other facilities on any
lot and the Grantee hereby accepts only the maintenance of the sewer lines,drainage limes
and water lines,if any,and any and all appurtenances thereto. The Orchard Village
Homeowners Association skull remain responsible for all facilities other than the
underground sewer lines,drainage lines and water lines referenced herein,as provided in
the Declaration of Orchard Village Homeowners Association dated January 14,2011 and
recorded as Registered Land Document No. 102,494. However, Grantee is responsible
for restoring any areas that are disturbed by any work performed by Grantee within all
I
Drainage Easements to as close to the original condition as possible and shall be
responsible for the cost associated with the restoration of said Drainage Easements.
Said Easements are granted together with the right to access said easement areas and to
pass along,across.,under and through said easement areas for all.purposes for which the
easements are created,in common with others legally entitled thereto. In addition,and
without limiting the foregoing and without limiting the easement purposes,the right is
granted in each case for the Grantee to enter, construct and maintain such facilities as are
necessary and convenient for the easement purposes and for any other municipal purpose.
This conveyance is subject to and with the benefit of easements,restrictions,covenants,
conditions and takings of record,insofar as the same are now in force and applicable,and
without limitation to which,this conveyance is made subject to and with the benefit of
the following:
1. North Andover Conservation Commission Order of Resource Area Delineation(Mass
DEP File 9242-1425),dated May 23,2008,recorded with said Deeds in Book 11203,
Page 235,which matters affect the street and easements conveyed herein;
2. Findings and Decision on the Application of Orchard Village,LLC on application for
Comprehensive Permit by the North Andover Board of Appeals,dated June 24,2008,
recorded with said Deeds in Book 11427,Page 192 and filed with said Registry as
Document No. 101,303,as amended by Amendment to Comprehensive Permit issued by
the North Andover Board of Appeals to Orchard Village,LLC,dated December 9,2008
recorded with said Deeds in Book 11427,Page 214 and filed with said Registry as
Document No. 101,304;which matters affect the street and easements conveyed herein;
3. Matters shown on plan dated April 2,2009 filed with said Registry as Plan No. 18083-E,
including rights of way,easements,notes,approvals,restrictions,conditions and all other
matters shown thereon,-which matters affect the street and easements conveyed herein;
4. Covenant by Orchard Village,LLC with the North Andover Board of Appeals,dated
August 13,2009#fled with said Registry as Document No.99,463 and 99,465 as affected
by the Form J Lot Release Form affecting lots 8, 14, 17, 18,22,23 and 25,filed with said
Registry as Document No. 102,424,as further affected by the Form J Lot Release Form
affecting lots 3, 10, 15, 19,21,24 and 35(a/k/a Lot 1 on an unregistered subdivision plan
as approved and on file with the North Andover Zoning Board of Appeals),filed with
said Registry as Document No. 103,077,as affected by Form J Lot Release Form filed
with said Registry as Document No. 103,742 releasing Lots 7,9,11, 12, 16,20,26,and
33,as affected by the Form J Lot Release Form affecting Lots 4,5,6, 13,27,28,29,30,
and 31 filed with said Registry as Document No. 104,771 on Certificate of Title 16291,
as affected by the Form J Lot Release Form from the Subdivision Covenant for Lot 36
filed with said Registry as Document No. 105,437 on Certificate of Title 16291,as
affected by the Form J Lot Release form affecting Lot 32 filed with said Registry as
i
Document No. 106,576 on Certificate of Title 16291,which covenants affect the street
and casements conveyed herein;
5. Permit issued by the Massachusetts Department of Transportation to Kmiec Family
Realty Trust dated March 11,2010,recorded with said Deeds in Book 11979,Page 265.
Completion of Work submitted to Massachusetts Department of`transportation via
certified mail,return receipt requested on May 8,2014,which permit affect the street
conveyed herein;
6. Order of Conditions issued by North Andover Conservation Commission to Orchard
Village,LLC(Mass DEP File#242-1459)dated March 12,2010 filed with said Registry
as Document No. 100,368.Partial Certificate of Compliance of Order of Conditions
(Mass DEP File#242-1459)pertaining to Lots 12-16 filed with said Registry as
Document No. 107,731. Certificate of Compliance of Order of Conditions(Mass DEP
File 4242-1459)pertaining to remaining lots approved Apri19,2014,which matters
affect the street and easements conveyed herein;
7. Easement frorn Orchard Village, LLC to Massachusetts Electric Company, dated
November 17,2010,filed with said Registry as Document No. 102,129,which easement
affects the street conveyed herein;and
8. Massachusetts Department of Environmental Protection Order of Conditions
(Mass DEP File #242-1510) dated Juice 8, 2011 recorded said Deeds in Book
12685, Page 330, including without limitations, the ongoing conditions contained
therein. Certificate of Compliance of Order of Conditions (Mass DEP File#242-
1510)recorded with said Deeds in Book 12975,Page 322,
This is a conveyance in the ordinary course of business and is not in contravention of the
Grantor's Limited Liability Company's Certificate of Organization,as it may have been
amended. Neither this instrument nor any other record at the Registry of Deeds discloses
that this conveyance is in contravention of the laws of the Commonwealth of
Massachusetts and the Grantor limited liability company appears from the records of the
Commonwealth of Massachusetts Office of the Secretary of State to exist. No additional
or appurtenant rights benefiting the property granted herein or the Grantee, other than
those explicitly set forth in this deed,are created or conveyed hereby.
The Seller has not elected to be treated as a corporation for Federal or Massachusetts income tax
purposes,
Being a portion of the premises conveyed to Grantor by deed of Louis Kmiec,Jr., et al,
dated May 11, 2010,and with said Registry on Certificate of Title No. 16291 as
Document Number 100,653.
[Remainder of Wage Intentionally Left Blank]
IN WITNESS'WHEREOF,Orchard Village,LLC has caused its seal to be hereto
affixed and in these presents signed by its Managers,duly authorized, this '+ day of
t i--- 2014.
Orchard Village,LLC
B 1 .Torrisi,Mattiager
Duly Authorized
ty: Robert Messi IVlar�ager
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
Essex,ss
On this 23 diay of April ,2014,before me,the
undersigned notary public,personally appeared Alfred I Torrisi,as Manager of Orchard
Village,LLC,proved to me through satisfactory evidence of identification,which was❑
photographic identification with signature issued by a federal or state,governmental
agency,❑oath or affirmation of a credible witness,'E]personal knowledge of the
undersigned,to be the person whose name is signed on the preceding or attached
document,and acknowledged to me that he signed it voluntarily for its stated purpose in
his capacity as Manager for Orchard Village,LLC,and that he has the authority to act in
that capacity.
r � .
Nadie:
Notary Public .
My Commission Expires: CAMiLLE; MIAAGLIOTTA DALY
NjY .b
orFss sr rs
my Gommissios) expires
a2,2021 COMMONWEALTH OF MASSACHUSETTS
Essex,ss
On this IZ -- day of ,A1 i Lly ,2014,before rare,the
undersigned notary public,personally appeared Robert Messina,as Manager of Orchard
Village,LLC,proved to me through satisfactory evidence of identification,which wasp
photographic identification with signature issued by a federal or state governmental
agency,�]oath or affirmation of a credible witness,❑personal knowledge of the
undersigned,to be the person whose name is signed on the preceding or attached
document,and acknowledged to me that he signed it voluntarily for its stated purpose in
his capacity as Manager for Orchard Village,LLC,and that he has the authority to act in
that capacity.
Name: �—
� J
Notary Public
'• ` F _ My Commission Expires:f3 (f 7�Zb
1
1 I �
APPROVAL OF SELECTMEN
We,the undersigned Board of Selectmen for the Town of North Andover,Massachusetts,
hereby accept the foregoing conveyance,on behalf of the Inhabitants of the Town of
North Andover,Massachusetts.
Signed as a sealed instrument this— day of ,2014.
The Town of North Andover
By: its Board of Selectmen
i
,� r
F
oe
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this NOday,of ,fit t ,2014,before me,the
undersigned notary public,personally appeared
and
q,,R 1 x >Fr proved to me through satisfactory evidence of identification,
which wereQr „ to be the persons whose name are
signed on the preceding document,and acknowledged to me that he/she/they signed it
voluntarily for its stated purpose, and that he/she/they has/have authority to sign as a/the
member(s)of the Board of Selectmen of the Town of North Andover;before me,
Name:
Notary Public
I50� xKANA.A08' npires:.
COIJfMWWf -RONASSACWSkCf$
' ry ;n .15.213i7
Exhilbit A
Legal Description:Empire Drive,North Andover,Essex County,Massachusetts
Beginning at a stone bound,on the westerly sideline of Salem Turnpike,aka State
Highway Rte.114,at its intersection with the northerly sideline of Empire Drive as shown
on a plan entitled, Street Layout Plan of Empire Drive located in No.Andover,Ma.dated
1f1l2014,by Christiansen&Sergi,Inc.,Haverhill,Ma.
Thence 8 31030'10"E a distance of 100.00 feet to a stone bound;
Thence with a curve turning to the left an are length of 47.12 feet,a radius of 30.00 feet,
with a delta angle of 90°00'00",to a stone bound;
Thence S 58°29'50"W a distance of 15.99 feet to a stone bound;
Thence with a curve turning to the left an are length of 119.72 feet,a radius of 76.33 feet,
with a delta angle of 89°51'38",to a stone bound;
Thence S 31°21'48"E a distance of 126.04 feet to a stone bound;
Thence with a curve turning to the right an arc length of 270.'86 feet,a.radius of 123.67
feet,with a delta angle of 125029'30",to a stone bound;
Thence N 85°52'19" W a distance of 127.25 feet to a stone bound;
Thence with a curve turning to the right an arc length of 150.34 feet,a.radius of 123.67
feet,with a delta angle of 69°39'12",to a stone bound;
Thence N 160 13'06"W a distance of 36.85 feet to a stone bound;
Thence with a curve turning to the left an arc length of 139.52 feet,a radius of 135.00
feet,with a delta angle of'59°12'54",to a rail road spike set in a drive;
Thence N 75026'00"W a distance of 19.89 feet to a stone bound;
Thence with a curve turning to the left an are length of 64.14 feet,a.radius of 35.00 feet,
with a delta angle of 105000'00",to a stone bound;.
Thence N 00°26'00" W a distance of 117.72 feet-.to"a stone bound;
Thence with a curve tinning to the-left an arc length bf 52:36 feet,a radius of 40.00 feet,
with a delta angle of 75°00'00",to a stone bound; .
1
1
Thence S 75126'00"E a distance of 45.52 feet to a stone bound;
Thence with a curve turning to the right an are length of 180.86 feet,a radius of 175.00
feet,with a delta angle of 59012'54",to a stone bound;
Thence S 16"13'06"E a distance of 36.85 feet to a stone bound;
Thence with a curve turning to the left an arc length of 101.71 feet,a radius of 83.67 feet,
with a delta angle of 69°39'12",to a stone bound;
1
Thence.S 85°52'19"E a distance of 127,25 feet to a stone bound;
Thence with a eurve turning to the left an are length of 183.25 feet,a radius of 93.67 feet,
with a delta angle of 125°29'30",to a stone bound;
Thence N 31°21'48"W a distance of 126.04 feet to a stone bound;
Thence with a curve turning to the right an are length of 182.45 feet, a radius of 116.33
feet,with a delta angle of 89051'38",to a stone bound;
Thence N 58°29'50"E a distance of 15.99 feet to a stone bound;
Thence with a curve turning to the left an arc length of 47.12 feet,a radius of 30.00 feet,
with a delta angle of 90"00100",to a stone bound which is a stone bound and the point of
beginning,
Meaning and intending to describe Empire Drive as shown on a plan entitled,Street
Layout flan of Empire Drive located in No.Andover,Ma.dated 1/i/2014,by
Christiansen&Sergi,Inc.,Haverhill,Ma.
fCYtAfCii'IM'Nf pA.Y
i4Y
PnPtllKn
iN 1u.MPFti'u'.[
uIMPt]¢Nux.n.uuCWM �NM WICPPPett1W
f17
P[d6[EP� iw,eaRE.lro
nn EASEMEN"
IWA6^�um
Cra].wpF •""•" �'""'` �. �� '�� � eoAxaoPreteci].seq
iL
II uwuEwWYnP�uA`i s�°1° - \ lT
ryt Av+wir�ewra9 OF2AINAGE a _ P`unv 1\ y
wwrt%'.6� p.tw EASEMENT -" "L n¢Lworimpftu �(P n,r
F[vwicnPmn[ DRAINAGE .�
"`� R nvm� 1p� 'e InYA ImC•NlY[tU \R\�1 yJ
[] EASEMENT uumiwria �x° S� JyZ+
rat x u..w�ic:.uttu] \\ ta`'�rc:u""'icc _ "Pn,tvw y
. y �9' ; uN lu mFwinim \ � I - YYxP WIq'CBX1Yf tlCG<6E],3PFTq]px
za wp�S�`�/• „� w.��:M , o �a,°�L�L�Ii¢PHm]
y g `�• � .,5��} :ilPtta \ '^ \\\ Gj6` Rrrwa].c1saa[raPR.6iPmw„i.,en,[u�is
' ^7� r—„ P FmFe�rce �s sL'§� ]ivnvFiiw�c NPum] \ y orvm Now.sleaawxum.�w.[s�am[cm
y 2 //cu[.q �s;� 3 .vu�lmcN s,•aa uw�"�r`roAv]f°x]c �� ++®�+n�mwsu n[o[caRYurvcon Rcwm
-1 '« _ f m+Ptlmcr Ivn ,a rnP u il.
m
k RAM NE.Ibl flit""' �i6'3 2i+Mr�onfr[` \\ .sYA¢a n / ieWilu t
lS, : M1 ur]vK nntttll] �'r' ` I
n1]F�Ltix Ay..6.. ;LJ-I •:.. re.wicr'wcnnf � ;` �\ � :a �� ,\ f ��I/J{
u.r l¢K.�4tlM + �MPo6¢�T ,,�♦ .rlmC'sulc[�[Sb ,ninM1'r»win f,* �\��\ � �rsfiw]gIIPCWRCMR9,rd IHDNNMAfEAP�IWTOa
4�Ctt�M � 'y A� WI]W6MP \,`�``u :uniiJ fRf.]gif i nNWPD6 IRPP�64hPSPP[.CCM°PIO Y0196fe9tlPS -
Fu.t6i[n.mtif
¢i[ �c�+��wr.tx� .[L�rwuxiP\�\ is :-nnr ti✓_,v=...--�--t �
iwp�9.a]ru5 F,.PIm[r.Fttllw _� l:[ e�x
aw t�v]°][•Y!w16°`t[ttM L yrn i' �iy 1JN[uMA[mM
EMPIREaxee DRIVE "" I
wttwwalucauw I
DRA4NACS&VTgITr
etlwwwrc °;R y6�expt "" a dui^:➢ lY/gip t'u[ T STREET LAYOUT
9F�FWCFWM "`t:icRL
MtP!°KIMCLLIiF rwMP]6IWLYMFWp I1iuNOL ivif ¢.u�/.ou1][utJC
PLAN
,wlmcY..n.1x eP
EMPIRE DRIVE
hilt LOGTitl iN
1
�mv NO.ANDOVER,MASS.
.P w
uore
' sEC WIGmI¢['aMBMtl.wp t)AYEyIill°t4 'JCALe.'1^•id i
'®P0.(IPFSNONALF�'OWGSASLI,Wp S1aroGYp1]6
C14RIS7I.4NSEN&SERGI,INC.
• - crt°rPeev wwwuu ss+unxf]p Drew
iv®x°iicpeaaaeau m.9eeanalw Pex nvna[m
I
URBELIS&FIELDSTEEL,LLP
155 FEDERAL STREET
BOSTON,MASSACHUSETTS 021 10-1727
Telephone 978-475-4552
CAROL HADAR MCGRAV:Y Telephone 617-338.2200
OF COUNSEL Telecopier 617-338-0122
e-mail chm@uf-1mYxom
June 16, 2014
HAND DELIVERED
Curt Bellavance, Director
Division of Conunulnity Development
North Andover Town Offices
1600 Osgood Street
North Andover, MA 01845
RE: EMPIRE DRIVE—STREET ACCEPTANCE AND EASEMENT
Dear Cunt:
In connection with the acceptance by Town Meeting of Empire Drive as a public way,
enclosed please find the original deed to the street and related documents,
1 understand that you will be submitting the deed and the street layout plan to the Board
of Selectmen for acceptance and signature at their June 23 meeting. When the deed and plan
have been signed, please return the originals to me and I will arrange for final updated title
certification from the developer's counsel and recording at the Registry of Deeds.
Please let me know if you have any questions.
Very truly yours,
rC arol Hajjar " Gravey
CHMflunp
Enclosure
cc: Board of Selectmen
s,SwpSl3workin-auJovemarrespiUellavancachm.l;r empim drive,aocx
E
a
t
(Space Above this Line Reserved for Registry of Deeds)
QUITCLAIM DEED
(Empire Drive — Street Acceptance and Easements)
The undersigned, Orchard Village LLC, a Massachusetts limited liability company, with
an address of 277 Washington Street, Groveland, MA 01834 ("Grantor"), in
consideration paid of less than One Hundred and N0/100 ($100.00) Dollars, the receipt
0
and sufficiency of which is hereby acknowledged, and for good and valuable
consideration,
c grants to The Inhabitants of the Town of North Andover, a Massachusetts municipal
Z corporation, with an address of 120 Main Street,North Andover, Massachusetts 01845
. Grantee"),
A
with QUITCLAIM COVENANTS
p
W
the fee interest in that certain roadway commonly known as "Empire Drive" (the
"Street"), situated in the Town of North Andover and shown and'depicted on a plan
entitled "Street Layout Plan of Empire Drive Located in No. Andover, Mass. Scale 1"
40'; Date January 1, 2014, Christiansen & Sergi Professional Engineers Land Surveyors,
160 Summer St. Haverhill, MA 01830" be filed with Essex County (Northern District)
Registry of the Land Court (said "Registry") herewith as Plan No. (the
"Street Layout Plan"). Said Street is also shown and depicted as Lot #34 on a plan
entitled "Definitive-Subdivision Plan "ORCHARD VILLAGE" in North Andover, Mass.,
record owners: Agnes M. Kmeic 1996 Realty Trust 1001 Turnpike Street, North
R Andover, MA 01845, Kineic Family 1996 Realty Trust 1001 Turnpike Street,-North
Andover, MA 01.845, Applicant: Orchard Village, LLC, 44 Great Pond Road, Boxford,
MA 01921, Date: April 2, 2009; Christiansen & Sergi, Professional Land Surveyors, 160
Summer Street. Haverhill, MA 01830" recorded with said Registry as Plan No. 18083-E
(the "Subdivision Plans").
Said Street is also more particularly bounded and described in a metes and bounds
description attached hereto as Exhibit A.
In addition, Grantor hereby conveys all of its right, title and interest in all easements
affecting the Street hereby conveyed and shown on the Street Layout Plan and the
Subdivision Plans, including, without limitation, the following easements:
1. Drainage and Utility Easement over a portion of Lots 35, 36, 3, 4, 5, 6 and 7 as
shown on the Subdivision Plan affecting 41,446:L square feet ("Drainage Easement
#1
2. Drainage Easement over a portion of Lots 21, 22, 23, 24, 25, 26, 27, 28 and 29 as
shown on the Subdivision Plan affecting 8,969:L square feet ("Drainage Easement
#2").
3. Drainage Easement over a portion of Lot 17, as shown on the Subdivision Plans,
affecting 741t square feet ("Drainage Easement#3");
4. Drainage Easement over a portion of Lots 19 and 20, both as shown on the
Subdivision Plans, affecting 397± square feet ("Drainage Easement#4");
5. Drainage Easement over a portion of Lots 29 and 30, both as shown on the
Subdivision Plans, affecting 405± square feet ("Drainage Easement#5"); and
6. Drainage Easement over a portion of Lots 31 and 32, both as shown on the
Subdivision Plans, affecting 453± square feet ("Drainage Easement#6").
Drainage Easement#1 and Drainage Easement#2 shall be solely for the purpose of
operating, using, maintaining, repairing and/or replacing the underground sewer lines,
drainage lines and water lines, if any, and any and all appurtenances thereto. The Grantee
shall not have any responsibility or liability for the maintenance'of the detention pond
located in Easement#1 or the maintenance of Easement#2 or any other facilities on any
lot and the Grantee hereby accepts only the maintenance ofthe:sewei lines, drainage lines
and water lines, if any, and any and all appurtenances thereto. The Orchard Village
Homeowners Association shall remain responsible for all facilities other than the
underground sewer lines, drainage lines and water lines referenced herein, as provided in
the Declaration of Orchard Villagc.Homeowners Association dated January 14, 2011 and
recorded as Registered Land Document No. 102, 494. However, Grantee is responsible
for restoring any areas that are disturbed by any.work performed by Grantee within all
Drainage Easements to as close to the original condition as possible and shall be
responsible for the cost associated with the restoration of said Drainage Easements.
Said Easements are granted together with the right to access said easement areas and to
pass along, across, under and through said easement areas for all purposes for which the
easements are created, in common with others legally entitled thereto. In addition, and
without limiting the foregoing and without limiting the easement purposes, the right is
granted in each case for the Grantee to enter, construct and maintain such facilities as are
necessary and convenient for the easement purposes and for any other municipal put-pose.
This conveyance is subject to and with the benefit of easements, restrictions, covenants,
conditions and takings of record, insofar as the same are now in force and applicable, and
without limitation to which, this conveyance is made subject to and with the benefit of
the following:
1. North Andover Conservation Commission Order of Resource Area Delineation(Mass
DEP File#242-1425), dated May 23, 2008,recorded with said Deeds in Book 11203,
Page 235, which matters affect the street and easements conveyed herein;
2. Findings and Decision on the Application of Orchard Village, LLC on application for
Comprehensive Permit by the North Andover Board of Appeals, dated June 24, 2008,
recorded with said Deeds in Book 11427, Page 192 and filed with said Registry as
Document No. 101,303, as amended by Amendment to Comprehensive Permit issued by
the North Andover Board of Appeals to Orchard Village, LLC, dated December 9, 2008
recorded with said Deeds in Book 11427, Page 214 and filed with said Registry as
Document No. 101,304; which matters affect the street and easements conveyed herein;
3. Matters shown on plan dated April 2, 2009 filed with said Registry as Plan No. 18083-E,
including rights of way, easements, notes, approvals, restrictions, conditions and all other
matters shown thereon, which matters affect the street and easements conveyed herein;
4. Covenant by Orchard Village,LLC with the North Andover Board of Appeals, dated
August 13,.2009 filed with said Registry as Document No. 99,463 and 99,465 as affected
by the Form J Lot Release Form affecting lots 8, 14, 17, 18, 22, 23 and 25,filed with said
Registry as Document No. 102,424, as further affected by the Form J Lot Release Form
affecting lots 3, 10, 15, 19, 21, 24 and 35 (a/k/a Lot 1 on an unregistered subdivision plan
as approved and on file with the North Andover.Zoning Board of Appeals), filed with
said Registry as Document No. 103,077, as affected by Form J Lot Release Form filed
with said Registry as Document No, 103,742 releasing Lots 7, 9, 11, 12, 16, 20,26, and
33, as affected by the.Form J Lot Release Form affecting Lots 4, 5, 6, 13, 27, 28, 29, 30,
and 31-filed with said Registry as.Document No. 104,771 on Certificate of Title-16291,
as-affected by.the Form J Lot Release Form from the Subdivision Covenant for Lot 36
filed with said Registry as Document No. 105,437 on Certificate of Title 16291, as
affected by the Form J-Lot.Release form affecting Lot 32 filed with said Registry as
Document No. 106,576 on Certificate of Title 16291, which covenants affect the street
and easements conveyed herein;
5. Permit issued by the Massachusetts Department of Transportation to Kmiec Family
Realty Trust dated March 11, 2010, recorded with said Deeds in Book 11979, Page 265.
Completion of Work submitted to Massachusetts Department of Transportation via
certified mail, return receipt requested on May 8, 2014, which permit affect the street
conveyed herein;
6. Order of Conditions issued by North Andover Conservation Commission to Orchard
Village, LLC (Mass DEP File#242-1459) dated March 12, 2010 filed with said Registry
as Document No. 100,368. Partial Certificate of Compliance of Order of Conditions
(Mass DEP File#242-1459) pertaining to Lots 12-16 filed with said Registry as
Document No. 107,731. Certificate of Compliance of Order of Conditions (Mass DEP
File #242-1459) pertaining to remaining lots approved April 9, 2014, which matters
affect the street and easements conveyed herein;
7. Easement from Orchard Village, LLC to Massachusetts Electric Company, dated
November 17, 2010, filed with said Registry as Document No. 102,129, which easement
affects the street conveyed herein; and
8. Massachusetts Department of Environmental Protection Order of Conditions
(Mass DEP File. #242-1510) dated June 8, 2011 recorded said Deeds in Book
12685, Page 330, including without limitations, the ongoing conditions contained
therein. Certificate of Compliance of Order of Conditions (Mass DEP File #242-
1510) recorded with said Deeds in Book 12975, Page 322.
This is a conveyance in the ordinary course of business and is not in contravention of the
Grantor's Limited Liability Company's Certificate of Organization, as it may have been
amended. Neither this instrument nor any other record at the Registry of Deeds discloses
that this conveyance is in contravention of the laws of the Commonwealth of
Massachusetts and the Grantor limited liability company appears from.the records of the
Commonwealth of Massachusetts Office of the Secretary of State to exist. No additional
or appurtenant rights benefiting the property granted herein or the Grantee, other than
those explicitly set forth in this deed, are created or conveyed hereby.
Being a portion of the premises conveyed to Grantor by deed of Louis Kmiec, Jr., et al,
dated.May 11, 2010, and with said Registry on Certificate of Title No. 16291 as
Document Number 100,653.
[Remainder of Page Intentionally Left Blank]
i
I
I
I
IN WITNESS WHEREOF, Orchard Village, LLC has caused its seal to be hereto
affixed and in these presents signed by its Managers, duly authorized, this day of
2014,
Orchard Village, LLC
01
Phi
B . 410(0. Torrisi, Mafiager
Duly Authorized
dyRo ert Messina, Manager
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
Essex, ss
On this 23r(�ay of April , 2014, before me, the
undersigned notary public,personally appeared Alfred J. Torrisi, as Manager of Orchard
Village, LLC, proved to me through satisfactory evidence of identification, which was ❑
photographic identification with signature issued by a federal or state,governmental
agency, ❑ oath or affirmation of a credible witness, personal knowledge of the
undersigned, to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntarily for its stated purpose in
his capacity as Manager for Orchard Village, LLC, and that he has the authority to act in
that capacity.
Name:
Notary Public
My Commission Expires: CAMILL Notary LIOTTA ]LYCOMMONWEALTH OF MASSACHUubito
My Commission Expir
February 12,2021
COMMONWEALTH OF MASSACHUSETTS
Essex, ss
On this M`,ts day of —0—i � , 2014, before me, the
undersigned notary public, personally appeared Robert Messina, as Manager of Orchard
Village, LLC, proved to me through satisfactory evidence of identification, which was'9
photographic identification with signature issued by a federal or state governmental
agency, ❑ oath or affirmation of a credible witness, ❑ personal knowledge of the
undersigned, to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntarily for its stated purpose in
his capacity as Manager for Orchard Village, LLC, and that he has the authority to act in
that capacity.
001%Nrritrrrr+rrrr
,�• ST r %;,,�' Name. fig .cal ,� fi
Notary Public
:.
My Commission Expires: 1"717GI6
G 4
',rgrs`�CHu��►�w`
1
APPROVAL OF SELECTMEN
We, the undersigned Board of Selectmen for the Town of North Andover, Massachusetts,
hereby accept the foregoing conveyance, on behalf of the Inhabitants of the Town of
North Andover, Massachusetts.
Signed as a sealed instrument this �,C p day of y��. , 2014.
The Town of North Andover
By: its Board of Selectmen
-Iellk-Wlx"Izdo
COMMONWEALTH OF MASSACHUSETTS .
Essex, ss.
On this AS `a day,of t )!C�P , 2014, before me, the .
undersigned notary public, personally appeared
Rose.cc�_ruCon��\luScc�a_ti�1.� � L�•�\t'�c+.m � C�dc�..�c�r .
and
proved to me through satisfactory evidence of identification,
which were j2pQo , to be the persons whose name are
signed on the preceding document, and acknowledged to me that he/she/they signed"it
voluntarily for its stated purpose, and that he/she/they has/have authority to sign as a/the
member(s) of the Board of Selectmen of the Town of North Andover, before me,
Name; "Pr
Notary Public
KAREN A,ROBERTSON MY Commission Expires: . a'a t�
NOTARY PUDUO
"COMM0"EALTH.OFMASSACHUSM$
45,2W
Exhibit A
Legal. Description; Empire Drive,North Andover, Essex County, Massachusetts
Beginning at a stone bound, on the westerly sideline of Salem Turnpike, aka State
Highway Rte.114, at its intersection with the northerly sideline of Empire Drive as shown
on a plan entitled, Street Layout Plan of Empire Drive located in No. Andover, Ma. dated
1/1/2014, by Christiansen & Sergi, Inc., Haverhill, Ma.
Thence S 31'30'10" E a distance of 100,00 feet to a stone bound;
Thence with a curve turning to the left an are length of 47.12 feet, a radius of 30.00 feet,
with a delta angle of 90°00'00", to a stone bound;
Thence S 58029'50" W a distance of 1599 feet to a stone bound;
Thence with a curve turning to the left an are length of 119.72 feet, a radius of 76.33 feet,
with a delta angle of 89°51'38", to a stone bound;
Thence S 31°21'48" E a distance of 126.04 feet to a stone bound;
Thence with a curve turning to the right an arc length of 270.86 feet, a radius of 123.67
feet, with a delta angle of 125°29'30", to a stone bound;
Thence N 85'52'19" W a distance of 127.25 feet to a stone bound;
Thence with a curve turning to the right an are length of 150.34 feet, a radius of 123.67
feet, with a delta angle of69°39'12", to a stone bound;
Thence N 16°13'06" W a distance of 36.85 feet to a stone bound;
Thence with a curve turning to the left an arc length of 139.52 feet, a radius of 135.00
feet, with a delta angle of 59°12'54", to a rail road spike set in a drive;
Thence N 75°26'00" W a distance of 19.89 feet to a-stone bound;
Thence with a curve turning to the left an arc length of 64.14 feet, a radius of 35.00 feet,
with a delta angle of 105°00'00", to a stone.bound;
Thence N 00°26'00" W a distance of 117.72 feet to a stone bound;
Thence with a curve turning to the left an arc length of,52.36 feet, a radius of 40.00 feet,
with a delta angle, of 75°00'00",.to a stone bound;, .
1 v
i
Thence S 75°26'00" E a distance of 45.52 feet to a stone bound;
Thence with a curve turning to the right an are length of 180.86 feet, a radius of 175.00
feet, with a delta angle of 59°12'54", to a stone bound;
Thence S 16°13'06" E a distance of 36.85 feet to a stone bound;
Thence with a curve turning to the left an arc length of 101.71 feet, a radius-of 83.67 feet,
with a delta angle of 69°39'12", to a stone bound;
Thence S 85°52'19" E a distance of 127.25 feet to a stone bound;
Thence with a curve turning to the left an are length of 183.25 feet, a radius of 83.67 feet,
with a delta angle of 125°29'30", to a stone bound;
Thence N 31°21'48" W a distance of 126.04 feet to a stone bound;
Thence with a curve turning to the right an arc length of 182.45 feet, a radius of 116.33
feet, with a delta angle of 89°51'38", to a stone bound;
Thence N 58°29'50" E a distance of 15.99 feet to a stone bound;
Thence with a curve turning to the left an arc length of 47.12 feet, a radius of 30,00 feet,
with a delta angle of 90°00'00", to a stone bound which is a stone bound and the point of
beginning,
Meaning and intending to describe Empire Drive as shown on a plan entitled, Street
Layout Plan of Empire Drive located in No. Andover, Ma. dated 1/l/2014, by
Christiansen 8c Sergi, Inc., Haverhill, Ma.
E
I
i
i
Y
JOHNSON
Mark B, Johnson(MA,NH,DC)
BORENSTEIN, LLC Donald F. Borenstein(MA,ME,NH)
ATTORNEYS AT LAW Kristine M. Sheehy(MA)
tf f Denise A.Brogna(MA,CA,NH)
12 Chestnut,Street Lorri S. Gill(MA)
Andover,MA 01810-3706 Bethany J. Raffa(MA,NH)
Tel: 978-475-4488 Michael A,Klass(MA,NHS)
Fax: 978-475-6703 MAR 11 2014 Kathleen M.Heyer(mA)
www.jbilelaw.com
don@jbllclaw.com
jbliclaw.com
B RD'OEMPE,ALS• Ofcounset
Robert W.Lavoie(MA,NH)
Mary L Cataudella(MA,RI)
ante als
Karen L.Bussell
Danielle R.Corey
Lianne Patenaude
Alen M.Melvin
March 11, 2014
Via Hand Delivery & Certified Mail
Retum Receipt Requested
Article No. 7013 0600 0002 1477 5807
Albert P. Manzi, III, Chariman
Zoning Board of Appeals
Town of North Andover
1600 Osgood Street
Building 20 Suite 2-36
North Andover , MA 01845
Re: Street Acceptance—Empire Drive (the "Street")
Applicant: Orchard Village, LLC
Dear Chairman Manzi:
At the direction of Town Counsel, Carol McGravey of Urbelis &Fieldsteel, LLP,
please accept this letter as a formal request to be placed on the Zoning Board's
April 8, 2014 meeting agenda, in order to discuss the Board's recommendation
regarding the acceptance of Empire Drive as a public way, for which the ZBA is
authorized to act instead of the Planning Board pursuant to the Comprehensive
Permit Act, G.L. c. 40B, ss. 20-23.
In anticipation of said meeting, enclosed please find the following documentation
for your review:
1. Request for Certificate of Compliance;
2. Attorney's Certification of Applicant's Right to Transfer Title to the Street;
Albert P. Manzi, III, Chariman
Zoning Board of Appeals
Town of North Andover
March 11, 2014
Page 2
3. Proposed Deed for title to Empire Drive as well as all of Applicant's right,
title, and interest into the easements affecting said Street;
4. Current As-Built Plan (2 pages);
5. Current Street Layout Plan;
6. Proposed Title Certification; and
7. Engineer's Certification as to Stone Bounds.
Thank you for your cooperation in this regard and I loop forward to addressing the
Board on this topic at its upcoming meeting.
Very truly yours,
Donald F. Borenstein
Enclosures
cc: Carol Hajjar McGravey, Esq., Urbelis &Fieldsteel, LLP
Judy Tymon, Town Planner
Curt Bellavance, Director of Community Development
Orchard Village, LLC
IE
JOHNSON&
Mark B,Johnson(MA,NH,DC)
BORENSTEIN, LLB Donald .Barenstein(MA,ME,NH)
ATTORNEYS AT LAW Kristine M. Sheehy(MA)
Denise A.Brogna(MA,CA,NH)
12 Chestnut Street Lorri S, Gill(mA)
Andover,MA 01810-3706 Bethany I Raffia(mA,NH)
Tel: 978-475-4488 Michael A.Klass(MA,NH)
Fax: 978-475-6703 Kathleen M,Heyer(MA)
www.jbllclaw.com
don@jbllclaw.com
orcounsel
Robert W.Lavoie(mA,NM
Mary L. Cataudella (MA,Rn
Paralegals
Karen L,Bussell
Danielle R. Corey
Liaime Patenaude
Ellen M.Melvin
March 11, 2014
Via Hand Delivery& Certified Mail
Return Receipt Requested
Aricle No. 7013 0600 0002 1477 5807
Albert P. Manzi, ITT, Chariman
Zoning Board of Appeals
Town of North Andover
1600 Osgood Street
Building 20 Suite 2-3 6
North Andover,, MA 01845
Re: Empire Drive (the "Street")
Dear Chairman Manzi:
In connection with the street acceptance application of Orchard Village, LLC (the
"Petitioner"),please consider this letter as our certification to the Town that the Petitioner
owns and has the rights to transfer title to the Street and as well as grant any and all
easements contained in the Orchard Village Subdivision.
This certification is provided to the Zoning Board of Appeals, whose authority to act in
the capacity of the Planning Board under the authority of the Comprehensive Permit Act,
G.L. c. 40B, ss. 20-23.
Albert P. Manzi, 1II, Chariman
Zoning Board of Appeals
Town of North Andover
March 11, 2014
Page 2
Sincerely,
JOHNSON &BoRENST N,LLC
Donald F. Borenstein
cc: Carol Hajjar McGravey,Esq.,Urbelis &Fieldsteel, LLP
Judy Tymon, Town Planner
Curt Be lavance,Director of Community Development
Orchard Village, LLC
JOHNSON& Mark B,Johnson(MA,NH,DC)
BORENSTEIN, LLC Donald F.Borenstein(MA,MR,NH)
ATTORNEYS AT LAW Kristine M. Sheehy(MA)
Denise A.Brogna(MA,CA,NH)
12 Chestnut Street Lmi S. Gill(MA)
Andover,MA 01810-3706 Bethany J. Raffa(MA,NM
Tel: 978-475-4488 Michael A. Klass(MA,NH)
Fax: 978-475-6703 Kathleen M.Heyer(MA)
www.jbilclaw.com
don@jbllclaw.com
Of Comm]
Robert W.Lavoie(MA,NH)
Mary L. Cataudella (MA,RI)
Paralegals
Karen L.Bussell
Danielle R. Corey
Lianne Patenaude
Ellen M.Melvin
March 11, 2014
Via Hand Delivery & Certified Mail
Return Receipt Requested
Article No. 7013 0600 0002 1477 5807
Albert P. Manzi, III, Chariman
Zoning Board of Appeals
Town of North Andover
1600 Osgood Street
Building 20 Suite 2-36
North Andover , MA 01845
Re: Empire Drive (the "Street")
Dear Chairman Manzi:
For the above-named Street, I am hereby requesting a Certificate of Compliance in
accordance with Sections 9 and 10 of the Town of North Andover Rules and
Regulations Governing the Subdivision of Land. In accordance with Section 9A
of the above regulations the above named Street is complete in accordance with
such regulations, Public Works requirements, plans approved by the Board, State
Laws, and other public bodies' decision on the subdivision.
We await the inspections to be made by the appropriate Town departments as part
of the process required to certify completion.
Pursuant to Section 10A, items 2 and 3, attached please find the following
documentation to be approved by the ZBA, acting in the capacity of the Planning
Board under the authority of the Comprehensive Permit Act, G.L. c, 40B, ss. 20-
23,prior to filing a request for acceptance in accordance with Section 10A.4.
Albert P. Manzi, III, Chariman
Zoning Board of Appeals
Town of North Andover
March 11, 2014
Page 2
l. Attorney Certification that the petitioner does own and has the rights to
transfer the property to the Town and such rights are filed in the Registry of
Deeds.
2. Copy of the Quitclaim Deed for Lot 34 and all of Grantors right, title and
interest in all drainage and drainage and utilities easements shown on the
Subdivision Plans.
3. Copies as-built plans indicating location of the above roadways, easements,
and appurtenances.
4. Certification fiom a Registered Professional Surveyor relative to the setting
of stone bounds.
I respectfully request a meeting with the Board, after review of these materials,
and the completion of the required inspections, to allow the petition and street
acceptance. Please contact my office with a date in which we may discuss the
streets with the Board.
Sincerely,
JOHNSON &BORENSTE3N, LLC
jAwd -vnd;� ��'
Donald F. Borenstein
Enclosures
cc: Carol Hajjar McGravey, Esq., Urbelis &Fieldsteel, LLP
Judy Tymon, Town Planner
Curt Bellavance, Director of Community Development
Orchard Village,LLC
ii
I
.4
(Space Above this Line R W-r Regis of Deeds``
NO
\}• ,:� � k vie •�'�+�
(Emp11re D —De[licahh t :� 'oadway) •:,
The undersigned, Orchard Village L`1 , d achuse � `ited liability company with
an address of 2'77 Washington Street, vela`'d���_ 018�� ;`Grantor" in
consideration aid o l � (x � }'
o p ������� �dne Hun, �d an4: '_ � ��fQ,($1' WO) Dollars, the receipt
and sufficient of e is h �U d:
Y aekno . ,. ;an Q Pad and valuable
consideration
'`�� s
Dons � '•.� ;y :�f `•''�'�f
"cOIN
Z grants to • bitants ;� 1orthNO
' clover, a Massachusetts municipal
p ? 0 Maur rs•r` o�In Andover Massachusetts
con o wit res t 01845
(``GranW.
) �" � t
a P With Q T LAI1V -COVENAIVTS
Wthe fee interest dvvay commonly known as "Empire Drive" (the
"Street'} situated i }t; 1T h `o Nmth Andover and shown and depicted on a plane
,., entitled Streef Layout' '< ` , o Empire Drive Located in No. Andover, Mass. Scale 1"
1 401; Dat.e-January 1,2014,`Christiansen& Sergi Professional Engineers Land Sint ve ors,
160 .Summer St.Haverhill,MA 01830".be filed with Essex County(Northern District). ,
Registry of the Land Court(said "Registry")herewith as Plan No.. (the
"Street Layout.Plan"). 'Said Street,is also shown and depicted as Lot 434 on a platy' .
entitled""Dof nitive Si bdivisiori Plana"ORCHARD VILLAGE" in North A:ndciveir,Mass., "
record ownerrs:�•--Ag*os M, Xhie c 1996 Realty Trust 1001 Turnpike Street,North ,
Andover,AM"01.845;Kineic Family 1996 Realty Trust-1001 Turnpike Str-eet,Np�-,
AndoveirAA. 01-845,'Applicarit. `Oic�a7rd Village,,LLC,44.Great Poz :Road;Bo o d;
NA'0192l,Date:A'Oil-2,.2.00% .Christiansen.& Sergi, Professional Land Surveyors;;160
Summer Street. Haverhill,MA 01830"with said Registry as Plan No. 18083-E (the
"Subdivision Plans").
Said Street is also more particularly bounded and described in a metes and bounds
description attached hereto as Exhibit A.
In addition, Grantor hereby conveys all of its right, title and interest in all easements
affecting the Street hereby conveyed and shown on the Street Layout Plan and the
Subdivision Plans, including, without limitation,the following easements:
1. Drainage and Utility Easement over a portion of Lots 3 5, M, 3, 4, 5, 6 and 7
affecting 41,446f square feet;
2. Drainage Easement over a portion of Lots 21, 22,23, 24, 25, 26, 27, 28 and 29
affecting 8,969-+ square,feet-,-
I Drainage Easement over aportion of Lot 17 affecting 741±square feet;
4. Drainage Easement over a portion of Lots 19 and 20 affecting 397± square feet;
5. Drainage Easement over aportion of Lots 29 and 30 affecting 405---L square feet;.
and
6. Drainage Easement over a portion of Lots 31 and 32-affecting 453ZL square feet.
.Said Easements are granted together with the right-to access,said.easement areas and to
pass along, across,under and through said easement.areas for all purposes for which the
easements are created, in common with others legally entitled thereto. In addition, and
without:limiting the foregoing and without limiting the easement purposes,the right is
granted in each ease for the Grantee to enter, construct and maintain such facilities as aro
necessary and convenient for the easement purpose* and-for any other municipal purpose.
This conveyance is subject to.and with the benefit of easements,restrictions, covenants,
conditions.and takings of record, insofar as the same-are tow.in force and applicable, anal
without limitation to which, this conv(,-yaiAQe is madc subject to and with the benefit of
the following:
` 1.. Matters shown'on plan dated September 5, 194:1 with said.Registty as Plan No.
180.83-B;including rights of way,.easements,.noies,:appirovals;restrictions,
: conditions and 611 other maiters.sh.ow)a thereon;, : ;
i
2. Order of Taking for Salem Turnpike dated April 3, 1947, with said Registry as
Document No. 9202; see also plan dated March 28, 1947 with said Registry as
Plan No, 18083-C; see also Order of Taking for Salem Turnpike dated July 30,
1946 and recorded with Essex North District Registry of Deeds (said "Deeds")in
Book 689, Page 281 and plan dated July 30, 1946 and recorded with said Deeds as
Plan No. .1638.; as affected by deed dated September 30, 1948,with said Registry
as Docurnorrt No. 9934;
3. Matters shown on plan dated December 3, 1996 with said Registry as Plan No.
18083-D, including rights of way, easements,notes, approvals, restrictions,
conditions and all other matters shown thereon;
4. North Andover Conservation Commissim Order of Resource Area Delineation
(Mass DEP File #242-1425), dated May 23,2008, recorded with.said Deeds in
Book 11203,Page 235;
5. Findings and Decision on the Application of Orchard Village,LLC on application
for Comprehensive Permit by the North Andover Board of Appeals, dated June 24,
2008,recorded with Essex North District Registry of Deeds in Book 11427, Page
193 and filed with Essex County (Northern District) Registry of the Land Court as
Document No. 101,303, as amended by Amendment to Comprehensive Permit
issued by the North Andover Board of Appeals to Orchard Village, LLC, dated
December 9,2008 recorded with Essex North District Registry of Deeds in Book
11427,Page 215 and filed with Essex County (Northern Distriot)Registry of the'
Land Court as Document No. 101,304;
6. Matters shown on plan dated April 2, 2009 with said Registry as Plan No: 19083-
E;including rights ofway, easements,notes, approvals,.restrictions, conditions
and all other-matters shown thereon;
7. Covenant.by Orchard Village, LLC with the North Andover Board of Appeals,
dated August 13,2009 with said Registry as Document No, 99,463 and 09,465 as
affected by 1heFotm J Lot Release Form affecting lots 8, 14, 17, 18, 22, 23,4ud
25,with said Registry a's Document No. 102,424, as further affected by'the Farm J
Lot Release Form affecting lots.3, 10, 15, 19, 21, 24 and 55 (a/kJa Lot Ion an
unregistered subdivision-plau as approved anal on file with the North Andover
X6 ring Board-of Appeals),with said Registry as Document No. 103;077,°as
affected.liy Form J Lot Release Form with-said Registry as Document No. 108,7.4�
releasing Lots 7;.9, .11,,1,2, .16, 20, 26, and 33, as affected by the Fo ra J Lot
Rele.a.�c,Fo n-affo..cting,'.Lots 4,.5, 6, 13, 27, 28,:29, 30;and 3.1 with said Registry.1 : ..
-as Document Nd. .104,.71 on Certificate of Title 16291., as affected by.th&Yorin 7
Lot Re1case.Form'1 orim.the-Subdivision Coveriant for Lot �b with said.Regi§'�y
bocizr�ient Np: 1'OS,43`7 ora:Certificate c�fTitle,1;6291,.as affected by the Fo,riB 7' : :
Lot Release form affecting Lot 32 with said Registry as Document No. 106,576 on
Certificate of Title 16291,;
8. Permit issued by the Massachusetts Department of Transportation to Kmiec
Family Realty Trust dated March 11, 2010,recorded with said Deeds in Book
11979,Page 265;
9. Order of Conditions issued by North Andover Conservation Commission to
Orchard Village,LLC (Mass DEP File#242-1569) dated March 12, 2010 with
said Registry as Document No. 100,368. Partial Certificate of Compliance of
Order of Conditions (Mass DEP File#242-1569)pertaining to Lots 12.16 with
.said Registry as Document No. 107,731;
10. Regulatory Agreement between Mass. Housing Finance Agency, as Project
Administrator of Department of Housing and Community Development and
Orchard Village, LLC dated May 13, 2010, with said Registry as Doctment
100,657 on Certificate of Title 16291;
11. Massachusetts Department of Environmental Protection Order of Conditions
(Mass DEP File #242-1400) dated .August 26, 2010 with said Registry as
Document No. 103,560, including, without limitation, -the ongoing conditions
contained therein. Certificate of Compliance of Order of Conditions (Mass DEP
File#242-1490)pertaining to Lot 12 with said Registry as Document No. 107,730;
12. Massachusetts Department of Environmental. Protection Order of Conditions
(Mass DEP File 4242-1488) dated August 13, 2010, with said R.egistry as
Document No. 101;405. Certificate of Compliance of.Order of Conditions (Mass
DEP File#242-1488)with said Registry as Document No. 109,583;
13, Massachusetts Department. of Environmental Protection Order of Conditions
(Mass DEP File #242-1487) dated August .26.,`2010, with said Registry as
Document No. 1.01;406. Certificate,of Compliancc of Order of Conditions (Mass
DEP.File#242-1487)with said Registry as Doc"nt No. 109,584;
14, Massachusetts b0partment of Environmental .Protection Order of Conditions
(Mass DEP File #24.2-1489) dated- September.14, 2010, with said Registry as
Document No. 101;547. Certificate:of Compliance of Order of Conditions (Mass
DEP File 4242-1.489)with.said Registrry as Dacum' &fit 14o. 101,547;
15. Massachusetts Department of Envixonrnental: Protections- Ordex. of Conditions
(Mass DEP File #2424491) dated .October --J.41 20f0,.- with said Registry as .
Document No. 101,!82..Certificate-of-�oz rpliance:of:Order of Conditions .(Mass
`])EP'File#242-1497)-with*said Regishy as.Docur lent NQ: 107,732;'
1
16.- Easement from Orchard Village, LLC to Massachusetts Electric Company, dated
November 17, 2010, with said Registry as Document No. 102,129;
17. Declaration of Covenants, Reservations and Restrictions of Orchard Village dated
January 14, 2011,with said Registry as Document No. 102,491;
18. 'Declaration of Orchard Village Homeowners Association dated January 14, 2011,
with said Registry as Document No. 102,492; and
19, Massachusetts Department of Environmental Protection Order of Conditions
(Mass DEP File #242-1510) dated June 8, 2011 recorded said Deeds in, Book
12685, Page 330, including without limitations, the ongoing conditions contained
therein. Certificate of Compliance of Order of Conditions (Mass DEP File #242_.
1510)recorded with said Deeds in Book 12975, Page 322.
This is a conveyance in the ordinary course of business and.is not in contravention of the
Grantor's Limited Liability Company's Certificate of Organization, as it may have been
amended. Neither this instrument nor any other record at the Registry of Deeds discloses
that this conveyance is in contravention of the laws of the Commonwealth of
Massachusetts and the Grantor limited liability company appears from the records of the
Commonwealth of Massachusetts Office of the Seoretary of State to exist, No additional
or appurtenant rights benefiting the property granted herein or the Grantee,.other than
those explicitly set forth in this deed, are created or conveyed hereby. .
Being a portion.of the premises conveyed to Grantor by deed of Louis Kmiec, Jr,, et.al,
dated May 11, 2010., and with said Registry on Certificate of Title No. 16291 as
Document Numbeir 100,653.
[Remainder of Page Intentionally.Left Blank
IN WITNESS WHEREOF, Orchard Village,LLC has caused its seal to be hereto
affixed-and in these presents signed by its Managers, duly authorized, this day of
2414.
Orchard Village,LLC
By: Alfred 1. TolTisi,Manager
Duly Authorized
By: Robert Messina, Manager
Duly Authorized
COMMONWEALTH OF MASSACHUSET TS
Essex, ss
On this day of , 2014, before me,the
undersigned notary public,personally appeared Alfred J. Torrisi, as Manager of Orchard
Village,LLC,proved to me through satisfactory evidence of identification,which was ❑
photographic identilication.with signature issued by a federal or state governmental
agency, ❑ oath or affirmation of a credible witness, ❑ personal knowledge of the
undersigned,to be the person whose name is signed on the preceding or attached
document, and aoknovVledged to me that he signed it voluntarily for its stated ptnpose in
his capacity as Manager for Orchard Village, LLC, and that he has the authority to act in
that capacity.
Name:
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Essex, ss
On this day of , 2014,before me, the
under.,deed notary public, personally appeared Robert;Messina, as Manager of Orchard.
Village, LLC,proved to me through satisfactory evidence of identification,which was ❑
photographic identification with signature issued by a federal or state.governmental,
agency,.❑ oath or affirmation of a credible witness, ❑personat knowledge of the'
undersigned, tp be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntarily for its.stated pti pose in
his capacity as Manager for Orchard Village, LLC, and that he-has the authority to act in
that capacity; ,
Name:
Notary Public
My Commission Expires: , ,
APPROVAL OF SELECTMEN
We,the undersigned Board of Selectmen for the Town of North Andover,Massachusetts,
hereby accept the foregoing conveyance, on behalf of the Inhabitants of the Town of
North Andover, Massachusetts.
Signed as a sealed-instrument this day of , 2014.
The Town of North Andover
By; its Board of Selectmen
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this day of , 2014,before me,the
undersigned notary public,personally appeared
and
proved to me through satis.factory evidence of-identification,
which were ,to be the pers6ns whose name are
signed on the preceding d6cumcnt, and aok.n.oWledged to me that he/she/they signed it
voluntarily for its st?tted purpose, and that lie/she/they has/Jwe authority to sign as a/$e
member(s).of the B-oard of Selectmen of the Town of North Andover, before men
- Name, . .
NOry�0M2i'�ssion
isC Expixes:
Exhibit A
Legal Description: Empire Drive, North Andover,Essex County,Massachusetts
Beginning at a stone bound, on the westerly sideline of Salem Turnpike, aka State
Highway Rte.114, at its intersection with the northerly sideline of Empire Drive as shown
on a plan entitled, Street Layout Plan of Empire Drive located in No.Andover,Ma. dated
11112O14, by Christiansen& Sergijnc., Haverhill,Ma.
The-nee S 31°30'10"E a distance of 100.00 feet to a stone.bound;
Thence with a curve turning to the loft an are length of47.12 feet, a radius of 30.00 feet,
with a delta angle of 90'00'00", to a stone bound;
Thence S 58°29'50"W a distance of 15.99 fectto a stone bound;
Thence with a curve tanning to the left an arc length of 119.72 feet,.a radius of 76.33 fee-t;
with a delta angle of 89°51'38",to a stone bound;
Thence S 31°21'48"E a distance of 126.04 feet to a stone bound;
Thence with a curve taming to the night an-arc length of 270.86 feet, a radius of 123.67
feet,.with a delta angle of 125°29'30",to a stone bound;
Thence N 85°52'19" W a distance of 127.25 feet to a stone bound;
Thence with a curve turning to the right an are length of 150:34 Feet, a radius of 1.23.67
feet, with a delta angle of 69°39'1211,to a stone bound;
Thence N 16°1T06" W a distance of 3 6.8 5 feet.to a stone bound;
Thence with a curve turning to the left an are length of 139.52 feet,-a radius of 13-5.00
feet, with a delta angle of 59"12'54",to a.rail road spike sot in a drive;
Thence N 75026100" W a distance-of'19.89 feet to a stone.bound;
Thence with a curve taming to the left an are length of 64.14 feet, a radius of 35.60 feet,
With a delta angle of 105°00'00",to a stone bound,
Thence'N 00°26100" W a distance of 117.72 feet to,a stone bound;
Tliena,with a curve turning to the left an arc length of 52.36'feet,-a:ra-&S" of 46.00 feet,
:With•a,delta angle of 75°00'00", to.a stone bound;.
Thence S 75°26'00" E a distance of 45.52 feet to a stone bound;
Thence with a curve turning to the xight an are length.of 180.86 feet, a radius of 175.00
feet,with a delta angle of 59°12'54",to a stone bound;
Thence S 16°13'06" E a distance of36.85 feet to a stone bound;
Thence with a-curve turning to the left an arc length of 101.71 feet, a:radius of 83.67 feet,
with a delta angle of 69°39'12",to a stone bound;
Thence S W52'19" E a distance of 127.25 feet to a stone bound;
Thence with a curve turning to the left an arc length of 183.25 feet, a radius of 83.67 feet,
;with a delta angle of 125°29'30",to a stone bound;
Thence N 31°,21'48" W a distance of 126.04 feet to a stone bound;
Thence with a.curve turning to the right an arc length of 192.45 feet, a radius of 116.33
feet, with a delta angle of 89"S 1'3 8",to a stone bound;
Thence N 5 8129'50" E a distance of 15,99 feet to a stone bound;
Thence with a curve turning to the left an arc length of 47.12 feet,a radius of 30.00 feet,
with a delta angle of 90r'00'00",to. a stone bound which is a stone bound and the point of
beginning,
Meaning and intending to describe Empire Drive as shown on a plan entitled, Street
Layout Plan ofEmpir-e Drive located in No. Andover,Ma.dated 1/1/2014,by
Christiansen& Sergi, Inc.,Havethill,Ma.
LOT33
LOTS
LOTal
tit q
_ Lo'r39 Jl.um LGY \ L US
MAP
i4TI8
�me L0726 � � P
.fn \ LOT29 ueu" - LCT2\- - -
r �
riy tmiew LGTS�� ...
I,OT27
uv 1.4T25 LOT26
.au•w�ov,.;.'. � T~ � .mew-:;r' _ f �y 1./.
- ��Z name r °�"u � � a w•� mr LOT B� 1 I ji Ai``t �� � -
��w. in mwu •� 1+�•�.1�rrr����—y., 1 ?� -
.4
gym,
LOT 1a LOT 19 +w -
- LOT 72 LQT t3 LOT96 L6T9 � ,rmw1q(tl,y`^_ _�^�_���ti.__w 7
. PLAN
a b sass �.
. - - ea+aa�WswxuvssomSCK
saut^_r,w .
AS-BUILT PLAN
FOR
EMPIRE DFUVE AS-BUILT
IN PLAN
Wm—
ORCHARD ANDOVER,MASS.
�rruaNx ORCHARD VILLAGE,L-X .
• ArIW.58iIl�OIS)N6i�[SI•GO✓iYNmw0lYlt - DFSNa✓dA�Ei[a,91a
FF9FF$$�Ou�iENQNEGFS61�aSURV6YOR3 .
• I/. 1 ^3 CN171S17�37VS�iV&SF?G!,INC.
eu"•a xaa°tMxcaN rafctra�rwmWv°a°S'+weaswsemn Vj'v �mest ai' -
- rV.3 9NRM0.9WIDDSi -
no n.
.r•MYv,..,.,,. y4 'ay F��VtYliptal�P�:MY.
YrF .-I. fII
rn" ovAoa
I �
� I .
t4
-
�l11Y
iva a .�a5ry aua�xuw ,,.m
wlewrc-aua S0•ar,�
a•laa•t
iwTA M.tn 10W0 GW .WW 6!W d,G0. has 7.°s a50 Np01,W 'e.00 A.La H40. 'J110 aWC 2�IG S00 1.6a 1,W Q•W MW �A] -
cnm°ml"ui FROR 1X—EMaIRE aRNE .. r n,., :•
. cm+seio"msuH�led mwn4lna- -
70 AM7 C A11 s QNE'a �M ors HAW MW .
rxonmecr Axe AuuaA7rlr srr rN AGPINIWl7LG N#fr P,A9F£S"JbNAL rwn AS-BUILT PLF1I+1
SVR✓ay4 SfiWAARD$W.MWWAr!S WfnM TxC R�CNT-0E—sYAY L+'�'6 AS FOR
SyoP7G ANA n+fsaauto As cgzz u=iscrnarN ACGVW mfx MPII f7RIVB - AS
dBCAlM W A�Aw.rs�s uCsu�W.W AppRom, wCO'Y+"Imaa"AAW MAW'oC t? . p .
NORTH ANDOVER,MASS:
W*LN L-J SMI PLS ORCHARD VILLAGE,LLC 1 - -
PMFAP a CHMSMANSEN P.L PRS]FlM�yIDN,4L8NpiNEGR$aiA1Je80RH{YORS
T ChlRlS7JAW3EN&SERGJ 1NC
ieeaw°unxszxmgr,w+yOaiu.?�^Sa°cllwceFra•earw s51eA!a G,a
vwuaata�rmsaaum wmxGsimbRcora m.araatswse fnr.mnamaaeo mw.rw;aswe°
. MSaEca1xM15cu'aer
larxw eatw�°611R
mlEw+xcarannmewnwt -
sEMniaorXE
CpR.smaS 1�1areNTT�m PWlteupGvacgo
Marso>cs.nms¢
SarlxulYl..V.o1¢4JLyoesdema,
1FAehnOreEmi
DRAINAGE w a
EASEMENT A°i•"'ar
rvnwti[owan ..msy. F r o rc
T'EWA
. MwAarctm�ol�xx: n.11 �•� 'L �j BDdIRD GFSELECTMFIf
- iN,.'^ - '¢y ''rwxoFtgxnxalmovw -
lµ' ]3DOlel�Wfmx NVSNEi1.oFp.x1) DRAINAD�..txP49V r`
WF cRx tpnl -
'� si`ws° xwsvw w u:. is: C Ana 8 i¢ xsw E s Y
- aes.1.PR+.Rcu1x DRAINAGE •�.. xur.metanrsxn .a 6+y� -- _ - .
EASEMFXr
S d•m°n' a v umsE.m -
ryl
trwx - NuxoxCfMvl}lt xuvwc vx iw
CIO
, - Poiassw+easglDietmrwncxY' „ .
.ra dal - ptny e.. i1NE R G tY711:19eV y 1051RI+lEF.64xpFF j iCFxFVYTWhT�G/ma, Jr®atRnn.i+iftNR Wes.- .
� A iy�w IdYM M/r .-MR4.M .��� � N.PSmCi>J1a11I g34 �n�2 yg ��w.u5�� RNM�MWf�Y�]C��� .
.•� � Rt, = 1, ?k WvtmGnemssa sy+¢SsanTm>8•N-bE.`3.T wN3xmwv,Nolw.Ncr+yxa
. � Nrm¢ $ \f P��WONaFfi%153WCIIMNWWIIPSORfORNeN IIdlTb
. "'i- 4.aiTMw' x�'rb wuvw b'% MO�.II.A V3r�. �4� N4' �s� NVfi WKmr OWxFR-S1'EYd'1mJ11%
.n1oMn�ia 4 A�ifSN. rt�� {:,• ANP�LpVRp.J33 / 9 /.f' '
xm7YExiSftW PJ.'a .WE tlDr'SAVpI[�GfiNF b'ry�, CRAINAGE ��' TS fNPUR3PA'E J°v•�3yP�
PUA1mR/NR�x.o � - 77�� ¢p
MF AkCaP$�C T �\ tM1]G][?N�,139 vwN+�'�'1 Ev'� tly,'y �q� IIMCPh1Yp'J.YIOx4WNHAffiV6191VxEInF'{pL5Es-
�
uaaEmn,E _„ �a � '� r 1 - - �e.moP.mEmE,A,E wemamwnenweeeYtms•
4�;° iMP x�pCP 6xlD 4TEMPIILeM'E � ��a�' ,tip �'��r�
Au uxtxw a �n'r.y aw i>pFaw1S0.1W a'Y S':� t EiVG1i LWllEII S}tNi '
5�`9hL�coa. °A"5 w.rnwcaralm ;� I sxesE '
A
FUPLRE
VIn � 36{61PoAE[ASbE ,
mannntcu�ucu'.tmla �v�'w Mr,�srrCPwi�m na �� DR.NNAGE&UALRY
EASEMENT STREET LAYOUT
' marvtvinM � v.xE nswtwrasuusse
tmca.Rc w. /s �,i.wros p
sw q�.1m ncn �Pu[9m5R r•w c > aavxm�i cm w6s4iv BauYaN+Tna1p.Mx !1 T"LAN
ao—
os 's raau wrFmnmm w�r: x1x k G!
EMPIRE DRIVE
-- "" NO.ANDOVER,MASS,
4 4
NDTE
�eeEuiocplmesRla.leew GATF:U1Re1+ —�,...—.
�h"'��PNDPSggtOW�>:MpryJ�pgl WJDSVRV�'/Ogyi.
.� � CX12!$ l1NS�N�SERGI,INC.
t`�:'^_J� wM •-NsY�Nwtuawc�usarro cm¢
wn°x,a,axrr3s,aa TPs.s+r-vs�1o. vu.amsa
- - awG,ND.OBU29ADIA55
JOH N S ON& Mark B.Johnson OAA,NU,DC)
BOR.L NS 1 EIN, LLC Donald F.Borenstein(n#,mE,NH)
ATTORNEYS AT LAW Kristine M.Sheehy(MA)
Denise A.Brogna(MA,CA,NH)
12 Chestnut Street -Lord S.Gill(MA)
Andover,MA 01810-3706 Bethany L Raffi(MA,NH)
TO. 978-475-4488 Michael A,Klass(MA,NB)
Fox: 978-475-6703 Kathleen.A Royer(MA)
www.jb1lclaw.iqom
Bethany.-raffa@jbllclaw.com Of Counsel
Robert W.Lavoie(mb,W
X
Mary L.Cataiidella(MA,RI)
Karen L.Bussell
'R..Corey
Danielle
Lianno Patennudo
Rllonm.Melvin
March 10 2014
'k
TITLE
TO: Town of
1600 Osg ck treet
Building 20, le 2-3
-MJ'WWO
9 PAM L lage, Subdivision, of 34, a/k/a
N
ADIq4:11.1. S OF
i Drive, located off Salem Turnpike;,
Andover, Massachusetts and shown on
X;1RIX
Court Plan No: 18083E
g
OWNER OF Orchard Village,LLC
With regard to the.L as "Empire Drive" (the"Stroe-C% situated in the
Town of North Andover-and shown and depicted on a:Pl4n entitled"Street Layout.
Plain of Empife'Drive Located in No. Andover,Mass.'Si,-41c I"=.40",Date January
.1, 2014, Chfigtian'sen'& Sergi Professional Engineers La'.nd Surveyors, 160
Summer St,.UaverhPl, MA 01830" and to be filed with.Essex tCounty. (Northern
Disqld).Registry pf tlioLand Court(said "Registty").(thc "St.rc.et Layout Plan")..
Said Street-is als'o shown-and depicted as-Lot#34 on"a pjaq.enfitled "Definitive
Plan -v -record" ' .
Subdivj�lori �.ORCIIARD VILLAGV�in North Andover;Mass.;
1996 Realty:Trost 1001-T"ik6 Street;North
-Andover,MA1845,Kfneic Family 1-906.'R6alty Tiust,1-6al=Tii 'ike Stre4 '
e
March 10,2014
Page 2
North Andover,MA 01.845.,Applicant: Orchard Village,LLC,44 Great Pond
Road, Boxford,MA 01921,Date: April 2,2009, Christiansen & Sergi,
Professional Land Surveyors, 160 Summer Street. Haverhill.,MA 01830"filed
with said Registry-as Plan No. 18083-8 (the "Subdivision Plans"), 1, Bethany I
Raffa, of Johnson &Borensteia,LLC, hereby certify to the Town of North
Andover that with the conveyance by Orchard Village, LLC to the Town of North
Andover of the documents listed below (the"Conveyance Documents"), the Town
of North Andover shall have good, clear, record and marketable title, free of all
liens and encumbrances, oxcepting only those,shown on the attached Addendum,
to the:
1. Lot 34 shown on the Subdivision Plans; and
2. All drainage and drainage and utilities easements shown on the Subdivision
Plans,
The Conveyance Document is:
1. Quitclaim Deed for Lot 34 and all of Grantors right,title and interest in all
drainage and drainage and utilities easements shown on the Subdivision
Plans.
Very truly yours,
JOHNSON &BORENSTEIN,LLC
Bethany J. Raffa
March 10,2014
Page 3
ADDENDUM TO TITLE CERTIFICATION
ORCHARD VII.,LAGE SUBDIVISION,LOT 34, A/K/A EMPIRE DRIVE,
NORTH ANDOVER,ESSEX COUNTY, MASSACHUSETTS
1. Matters shown on plan dated,September 6, 1941 filed-with Essex County
(Northern District) Registry of the Land Court as Plan No. 180.83-13,
including rights of way, easements, notes, approvals,i Ostrictions,
conditions and all other matters shown thereon;
2. Order. of Taking for Salem Turnpike elated April 3, 1947, filed with said
Registry as Document No. 9202; see also plan dated March 28, 1947 filed
with said Registry as PlanNo. 18083-C;see also Order of Taking for Salem
Turnpike dated July 30, 1946 and recorded with Essex North District
Registry of Deeds (said"Deeds")in Book 689,Page 291 and plan Mated.
July 30, 1946 and recorded with said Deeds as.Plan No. 163 8;-as affected
by deed dated September 30, 1948, filed with said Registry as Document
No. 9.934;
3. Matters shown on plan dated December 3, 1996 filed with said Registry as
Plan No. 18083 D, including rights of way, easements,notes, approvals,
restrictions, conditions,and all other matters shown thereon;
4. Matters shown on plan dated April 2,2009 filed with said Registry as plan
No. 18083 E,including rights of way, easements,notes, approvals,
restrictions,.conditions and all other matters shown thereon;
5. Covenant.by Orchard Village,LLC with the North Andover Board of
Appeals, dated August 13,2009 Mod with saU P ogistry as Document No.
99,40,and 99,465 as affected by th.p Form J Lot Release Form affecting
lots 8, 14, 17, 18, 22,23 and 25,-filed with said Rogistry as Document No.
1.02,424,.as fiuther affected by the Form J Lot Release Form affecting lots
3, 10,.1 S, 19,21, 24 antl 35.(alkla Lot l' on an unregistered subdivision plan
as approved and on filc.with the North,Andower•7,oning Board of Appeals),
filed.*K4 said Registry as,Document No: 10.3.,077, a8.0fected by Foijn.J
Loteloase Form fled with said Registry:as Ue6ment No. 1.03,742
�ele4�fngLo�ts 7, 9, 11, 12, 16,20,,26, and 33, as:affected-.bythe.Forin--J L.ot
R61lease Farm'affecting:Lots 9, 5, 6; 13,,27;2,8;29,30, nci 31 filed with
r
March 10,2014
Pago 4
said Registry,as Document No. 104,771 on Certificate of Title 16291, as
affected by the Form J Lot.Release Form from the SubdivisioD Covenant
for Lot 36 filed with said Registry as Document No. 105,437 on Certificate
of Title 16291, as affected by the Form J Lot Release form affecting Lot 32
filed with said Regis6y as Document No. 106,576 on Certificate of Title
16291;
6. Regulatory Agreement between Mass.Housing Finance Agency, as Project
Administrator of Department of Housing and Community Development and
Orchard Village,LLC dated May 13, 2010, fled with said Registry as
Document 100,657 on Certificate of Title 16291;
7. Pasement from Orchard Village,LLC to Massachusetts Electric.Company,
dated November 17, 201 0,'frled with said Registry as Document No.
102,129;
8. Declaration of Covenants, Reservations and Restrictions.of Orchard Village
dated January 14,..2011, filed with said Registry as Document No. 102,491;
and
9. Declaration of Orchard Village homeowners Association dated January 14,
2011, fled with said Registry as Document No. 102,492.
In addition to the"foregoing exceptions,the records at the Registry of Deeds .
disclose the following documents relating to Zoning/Land Use matters affecting
the Property;
1, North Andover Conservation Commission Order of Resource A-tea
Delineation (M4s DEP File#242.1425), dated May 23;2008,recorded
with said Deeds in Eo6k 11203; Page 235;
2. Findings and.Decis;ion on the Application of Ox chard Village,LLC on
application for Comprehensive Permit by the North Andovcr Board-of
Appeals,'dated.June 24, 2008, recorded with said.Deeds in Book 11427,
Page 193 -64.filed with said Registry as Document No.*-101,303, as
amended.'by"-6dment'to Co,`nprehensive Permit issued by the North - . ,
Andover Board..-O?kppeals to.Orchard Village', LLC, dated December,9,
March 10, 2014
Page 5
2008 recorded with said Deeds in Book 11427, Page 215 and,fled with said
Registry as Document No. 101,304;
3. Permit issued by the Massachusetts Department of Transportation to:Kmiec
Family Realty Trust dated March 11, 2010,recorded with said Deeds in
Book 11979,Page 265;
4, Order of Conditions issued by North Andover Conservation Commission to
Orchard Village,LLC (Mass DEP File 4242.1569) date.March 12,2010
fled with said Registry as Document No. 100,368.partial Certificate of
Compliance of Order of Conditions (Mass.DEP File#242-1569)pertaining
to Lots 12-16 filed with said Registry as Document No, 107,731;
5, Massachusetts Department of Environmental Protection Order of
Conditions (Mass DEP File #242-1490) dated August.26, 2010 filed with
said Registry as Document No. 103,560, including, without limitation, the
ongoing conditions contained therein. Certificate of Compliance of Order
of Conditions (Mass DEP File #242-1490) pertaining to Lot 12 filed with
said,Registry as Document No. 107,730;
6. Massachusetts. Department of Environmental Protection Order of
Conditions (Mass DEP File #242-1488) dated August 13, 2010, fled with
said Registry as Document No. 101,405, Certificate of Compliance of
Order of Conditions (Mass DEP File#242-1488) filed with-said Registry as
Document No. 109,5 83;
7. Massachusetts Department of .Invironmental Protection "Order of
Conditions (Mass DEP.Filo#242-1487) dated August 26, 2010,. filed with
said Registry as..Document No. 101,406.. Certificate of Compliance of
Order of Conditiots (Mass DEP File#2421.487) fled.with said Registry as
Document No. 109,584;
S. Massachusetts Department of Environmental- Yrotoction Order of
Conditions (Mass DEP'File #2424489) dated.September-14,. 20.10, filed
with said Registry.a Document Na. 10I.,547:-Certificate.of Co pliance of
Order of-Conditions-.(Mass DEP Fiie#242-1489):filed-witli said Regisuy-as
Document No. 101,547;
Mauch 10, 2014
Page 6
9. Massachusetts Department of Environmental Protection Order of
Conditions (Mass DEP File 4242-1497) dated October 14, 2010, filed with
said Registry as Document No. 101,782. Certificate of Compliance of
Order of Conditions.(Mass DEP File#242.1497) filed with said Registry as
Document No, 107,732; -
10. Massachusetts Department of Environmental Protection Order of
Conditions (Mass DEP File #242-1510) dated June 8, 2011 recorded with
said Deeds in Book 12685, Page 330, including without limitations, the
ongoing conditions contained therein. Certificate of Compliance of Order
of Conditions (Mass DEP File #242-1510) recorded with said Deeds in
:Book 12975,Page 322.
Our certification is subject to the .following limitations;
The foregoing Certification is�pe6fically addressed to-the'Town of North
Andover, and relates only to the property herein described. This Opinion is not
intended for the benefit of any other party and may be relied upon by no party
other than that to whom it is addressed. Liability hereunder is limited to the face
amount of the Mortgage recorded with the Essex.North District Registry of Deeds
in connection-with the trans4etion,-relative to which this Opinion is rendored
Our certification does not address matters not of record in said Registry of Deeds
and Probate as indexed. Please note that my examination of title was confined to .
the Indices of said Registry of Deeds and to the documents noted in said Indices as
-affecting the Property. The examination covered a period of at least-fifty(50)
years,with the earliest instrument of warranty or quitclaim deed which on its face
does not suggest a defeet in said.tijtle, and ended at.the end of the day on February
2.4, 2014.
CS1 PROFE6SIONAL ENGINEERS AND LAND SURVEYORS
160 SUMMLR S`rREEr, HAVERHILL, MA 0183.9
tel: 978-373=0310 www.esi-engr.com fax 978-372 5960
,January 8, 2014
RE: Orchard Village Subdivision-Empire Drive
To: Town of North Andover
Office of tho Planning Department
Community Development and Services Nv'rsiop
1.600 Osgood Street
!wilding 20 Suite 2-36
North Andover, MA.01845
Deer Sirs/Ms.:
This letter is certification to Christiansen &Sergi Inc. having set granite
mcnumenfs per the town of North Andover Subdivision Control Regulations. The
locations of the monuments are shown on a plan by Christiansen &-8ergi Inc.
entitled "Street-Layout Plan" of Empire Drive located in North AndoVer,•Ma,5s.
dated 11112014. Granite monuments have'l een set at all ohanges-in direction
-and tangent points of the right of way except at the s.ou1he4sterly tsrniinus of a
line.labeled 875 26-OOE which is monumented by a spike-set in a bituminous
concrete drive.
Sincere ,
Michael J. Ser ' PLS
MICHAE.
SERGI
NO.331D1